CJEU Case T-9/19 | ClientEarth v EIB

Summary:

Information Guide concerning Case T-9/19 from the Court of Justice of the European Union (CJEU) on a request for an internal review in the context of environmental law.

Further information:

The construction of a biomass power generation plan in Galicia - known as the Curtis project - was among the successful projects in a tender procedure for renewable energy projects organised by Spain in 2016. The promoter of the Curtis project contacted the services of the European Investment Bank (EIB) to engage in discussions about the possibility of obtaining EIB financing.

The EIB Board of Directors adopted a resolution in April 2018 approving the financing proposal of a maximum amount of €60 million. In August 2018, the non-governmental organisation (NGO) ClientEarth submitted a request for internal review of that EIB resolution, in accordance with Regulation (EC) No 1367/2006 (also known as Aarhus Regulation) and Commission Decision 2008/50/EC. In October 2018, the EIB informed ClientEarth that it was refusing the request for an internal review of the resolution, on the basis that it considered the request inadmissible as it did not related to an act amenable to in internal review in the framework of the Aarhus Regulation.

As a result, ClientEarth brought an action before the CJEU's General Court in February 2019 against the EIB's decision. On 27 January 2021, the General Court decided that the EIB must accept the request for an internal review. The Court therefore annulled the decision that declared inadmissible the request for review of the resolution of the EIB's Board of Directors.

Commentary and Analysis

University Carlos III of Madrid: Climate Strategic Initiative: News, 09/02/2021: Access to Justice and the Environment: Judgment of the General Court, January 27, 2021 (ClientEarth/European Investment Bank) https://climate.uc3m.es/2021/02/09/access-to-justice-and-the-environment/

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News

Bloomberg, 14/01/2019: European Investment Bank Sued Over $69 Million Biomass Loan https://www.bloomberg.com/news/articles/2019-01-14/european-investment-bank-sued-over-69-million-biomass-loan

Renewable Energy Magazine, 15/01/2019: Environmentalists Sue European Investment Bank Over Loan for Spanish Biomass Plant https://www.renewableenergymagazine.com/biomass/environmentalist-sue-european-investment-bank-over-loan-20190115

Energy Live News, 18/01/2019: EU bank taken to court over €60m biomass loan https://www.energylivenews.com/2019/01/18/eu-bank-taken-to-court-over-e60m-biomass-loan/

Bioenergy Insight, 28/01/2021: EIB must accept ClientEarth’s request for biomass project review, EU court rules https://www.bioenergy-news.com/news/eib-must-accept-clientearths-request-for-biomass-project-review-eu-court-rules/

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Official

CJEU CURIA: Case T-9/19 | ClientEarth v EIB http://curia.europa.eu/juris/documents.jsf?num=T-9/19

CJEU: Press Release No 10/21, 27/01/2021: Judgment in Case T-9/19 ClientEarth v EIB https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-01/cp210010en.pdf

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